Terms & Conditions
Terms of Agreement
I may not sublease the equipment or transfer this agreement or any interest herein or the use or possession of the equipment. If I should do so, I will assume all liability and compensate Unfaithfully Yours for any loss it suffers, and I may be declared in default of this agreement. No warranties expressed or implied, including without limitation suitability, durability, fitness for a particular purpose, merchantability, condition, quality or freedom from claims of any person by way of infringement or the like, have been made by Unfaithfully Yours, directly or indirectly, in connection with the equipment. I am renting the equipment “as is”. I agree that the use of all equipment is for personal use only. It is illegal to track, monitor or record someone without informing or receiving approval, or use of any product on or in property that is not legally owned by equipment operator. Unfaithfully Yours shall not be responsible for any loss, damage or injury to persons or property caused by the equipment, whether arising from Unfaithfully Yours negligence or imposed by law. In no event shall Unfaithfully Yours be liable to me for indirect consequential or special damages, including without limitation lost use, revenue or profits (unless I am a consumer under applicable law, in which case no consequential damages limitation for injuries to persons shall apply).
INDEMNNIFICATION. I AGREE TO INDEMNIFY AND HOLD UNFAITHFULLY YOURS, ITS OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, FOR ALL INJURIES OR DEATH OF ANY PERSON, OR DAMAGE TO ANY PROPERTY OCCURING OR ARISING FROM OR CONNECTED WITH, DIRECTLY OR INDIRECTLY, MY POSSESSION, USE AND RETURN OF ANY OF THE EQUIPMENT (UNLESS I AM A CONSUMER UNDER APPLICABLE LAW, IN WHICH CASE NO CONSEQUENTIAL DAMAGES LIMITATION FOR INJURIES TO PERSONS SHALL APPLY).
Rent – Security, Additional Terms – Risk of Loss, Interest.
I agree that the rental term is as shown herein, unless terminated or extended as provided herein. I agree to pay Unfaithfully Yours as rent for the equipment the sums due for the rental term and that rent for the rental term is due and payable upon execution of this agreement. I agree that no credit shall be due or payable for equipment returned early. I agree that the security deposit will be credited against rental payments and other charges accruing hereunder only if I fully and faithfully perform all of the terms and conditions of this agreement. If I breach any such terms and conditions, the security deposit shall be retained by Unfaithfully Yours as additional consideration and I shall be required to pay, in addition, all of the rentals and other charges to be paid by me. I agree not to retain the equipment beyond the “Due In” time without prior notice to Unfaithfully Yours (by email) and Unfaithfully Yours prior consent. I acknowledge that my failure to return rental property or equipment and to pay all amounts due constitutes evidence of my intent to defraud Unfaithfully Yours. Unless we otherwise agree at such time, Unfaithfully Yours may immediately upon such consent charge my credit card listed herein with the full rental amount for the additional rental term to which we agree. I agree that, upon execution of this agreement, I assume all risks of loss, theft, damage or destruction, partial or complete of the equipment from any and every cause whatsoever.
Title; No Fixtures or Accessories.
I acknowledge that the equipment will at all times remain Unfaithfully Yours property, and I shall keep it free and clear of all levies, liens, charges and encumbrances. I promise to pay, on demand, amounts required to release liens against the equipment, or to pay any outstanding fines, penalties or fees applicable to use of the equipment during the rental term, I agree not to part with possession or control of the equipment, or sell, pledge, mortgage or otherwise encumber the equipment or any part of it, or assign or encumber any interest hereunder.
Condition.
Unfaithfully Yours has examined the equipment and seen it in operation (if applicable) and that its condition is acceptable. I agree to surrender the equipment to Unfaithfully Yours upon termination hereof, in as good order and condition as when received, except for reasonable wear and tear resulting from proper use, and if returned unclean, I may be charged a reasonable cleaning fee. I agree to keep and maintain the equipment in good condition, use it in a careful and proper manor and comply with all applicable laws and regulations.
Repair or Replacement.
I agree immediately to discontinue using equipment that becomes unsafe or in a state of disrepair, and immediately notify Unfaithfully Yours of such fact. Unfaithfully Yours has the option to make equipment operable within a reasonable time frame, provide me with a similar piece of equipment or adjust the rental charge. However, if equipment is unsafe or in disrepair because of my improper use or maintenance, I will bear the expense of such replacement or repair or, at your option, be declared in default.
Default.
I agree that any of the following shall be an event of default: (a) I fail to pay when due any rent or any other amounts due hereunder, (b) I fail to perform any of my covenants or obligations herein (INCLUDING WITHOUT LIMITATION THE PROHIBITION OR TRANSFER); (c) Unfaithfully Yours determines that any representation I made herein or in any other document executed and delivered by me in connection herewith shall have been inaccurate or untrue when made (d) I die, dissolve, cease doing business or sell or transfer all or substantially all of my assets; (e) any voluntary or involuntary bankruptcy or insolvency proceeding, or assignment for the benefit of creditors, is filed or otherwise commenced in respect of me; (f) I become insolvent or generally do not pay my debts as they become due; or (g) any breach or default by me occurs under any other agreement between us.
Remedies upon Default.
I agree that upon a default by me Unfaithfully Yours may take one or more of the following actions: (a) proceed by arbitration to enforce my performance of the applicable covenants and provisions hereunder or to recover damages for the breach hereof, (b) cancel this Agreement; or (c) Unfaithfully Yours may take possession of the equipment and thereupon my right to possession of the equipment shall absolutely cease and this agreement shall be canceled. I agree to pay all costs and expenses including attorney’s fees Unfaithfully Yours incurs in exercising any of its rights or remedies hereunder or in enforcing this agreement. I agree that Unfaithfully Yours shall be entitled to retain all rents and additional sums paid by me. Unfaithfully Yours shall be entitled to recover all rentals accrued and unpaid for the period up to and including the date of such cancellation, plus all additional sums payable by me, for which I am liable or for which I agree to indemnify Unfaithfully Yours.
Limitation on Remedies.
I agree that I have no right to reject or revoke acceptance of equipment or to cancel this agreement. I agree that if Unfaithfully Yours fails to meet any of its obligations, my exclusive remedy shall be to notify Unfaithfully Yours of such deficient performance. I agree that in such event Unfaithfully Yours my repair or replace any deficient equipment or make a rental charge adjustment, and that Unfaithfully Yours liability for losses or damages resulting from any cause shall be limited to the rental fee of the particular equipment involved in such losses or damages.
Liquidation Damages for Unpaid Rent.
I agree that Unfaithfully Yours shall be entitled to recover immediately, as liquidated damages for unpaid rent and not as a penalty, a sum equal to the total of: (a) all rentals or other sums due and owing for any item of equipment up to the date of return or repossession by Unfaithfully Yours, (b) any expenses and losses incurred by Unfaithfully Yours in connection with the repossession, holding, repair, subsequent sale or lease or disposition of the equipment, including reasonable attorney’s fees incurred in connection with the enforcement or protection of Unfaithfully Yours rights hereunder or any of the foregoing; (c) the stipulated loss value for any item of equipment that I fail to return to Unfaithfully Yours, convert or destroy or which Unfaithfully Yours is unable to repossess.and (d) the stipulated loss value for all items of equipment returned to Unfaithfully Yours.
Entire Agreement.
I agree that this agreement is the entire agreement between myself and Unfaithfully Yours and may not be changed.
